I am currently being sued for alienation of affection/ CC. I have an attorney and I have read every article ever written on the topic. Here is my question- I know that the marriage was in trouble prior to the alleged affair. However, that is not my main issue. The plaintiff and her husband are not separated. They have continued to live together since the discovery of this alleged affair, 5 months ago.
So, does the fact that they are still together help? She is claiming emotional distress, etc. Of these suits, have there ever been large suits won when there wasn’t a separation or divorce after the affair?
Thanks!
If you haven’t done so already, I would read our article on Infidelity and Alienation of Affection. The article sets forth the elements that his wife will need to prove, but I will list them here as well:
- She and her husband were happily married and a genuine love and affection existed between them.
- The love and affection was alienated and destroyed.
- The wrongful and malicious acts of yourself produced the alienation of affection.
The fact that they are still living together (and never separated) would be a defense you could rase to element #2. If they never separated, you could make the argument that the love and affection was never destroyed.